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Delhi Court September 2017 Judgments

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Sep 20 2017

Virendra Jain vs.enforcement Directorate Delhi Zonal Office Zone Ii Ne ...

Court: Delhi

Decided on: Sep-20-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order dated:20. h September, 2017 + 1. BAIL APPLN. 1113/2017 & CRL.M.A.10245/2017 VIRENDRA JAIN ........ Petitioner Through: Mr.Vikram Chaudhri, Sr. Adv. with Mr.Sarvesh P Singh, Mr.Harshit Sethi and Ms.Pragati Sharma, Advs. versus ENFORCEMENT DIRECTORATE DELHI ZONAL OFFICE ZONE II NEW DELHI ..... Respondent Through: Mr.Sanjay Jain, ASG with Mr.Sanjeev Narula, CGSC, Mr.Abhishek Ghai and Ms.Adrija Thakur, Advs. +2. BAIL APPLN. 1114/2017 & CRL.M.A.10232/2017 SURENDERA KUMAR JAIN ........ Petitioner Through: Mr.Vikram Chaudhri, Sr. Adv. with Mr.Sarvesh P Singh, Mr.Harshit Sethi and Ms.Pragati Sharma, Advs. versus ENFORCEMENT DIRECTORATE DELHI ZONEL OFFICE ZONE II NEW DELHI ..... Respondent Through: Mr.Sanjay Jain, ASG with Mr.Sanjeev Narula, CGSC, Mr.Abhishek Ghai and Ms.Adrija Thakur, Advs. BAIL APPLN. 1113/2017 & BAIL APPLN. 1114/2017 Page 1 of 34 CORAM: HON'BLE MR. JUSTICE I.S.MEHTA ORDER I.S. MEHTA, J.1. By way of the above captioned applicati...


Sep 20 2017

Oriental Insurance Company Ltd. Vs.rajender Singh & Ors.

Court: Delhi

Decided on: Sep-20-2017

$~R-242 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:20. h September, 2017 + MAC APPEAL No.608/2010 ORIENTAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Praveen Sehrawat & Mr. Abhishek Kumar, Advs. versus RAJENDER SINGH & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Dharampal, aged 25 years, who earned his livelihood working as a driver, yet unmarried, suffered injuries in motor vehicular accident that occurred on 29.05.2006 at about 3:45 a.m., it involving negligent driving of truck bearing registration No.HR55 5844, admittedly insured against third party risk with the appellant insurance company (insurer) for the period in question and died in the consequence. First to sixth respondents, they being his siblings and members of the family (collectively, the claimants), instituted accident claim case (suit No.276/2008) on 15.11.2006. The tribunal held inquiry and, by judgment dated 13.05.2010, awarded compensation in th...


Sep 20 2017

Upsrtc and Anr. Vs.kavita & Ors.

Court: Delhi

Decided on: Sep-20-2017

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:20. h September, 2017 + MAC APPEAL No.878/2015 and CM APPL.27262/2015 UPSRTC AND ANR. ..... Appellants Through: Mr. Shadab Khan, Advocate for Ms. Garima Prashad, Advocate versus KAVITA & ORS. ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate for R-1 to R-4. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Chetan Prakash died due to injuries suffered in a motor vehicular accident that took place on 20.08.2010 on account of negligence driving of bus bearing registration No.UP-81R-9240 of the appellants. The first to fourth respondents, they being the members of the family dependent on the deceased (collectively, the claimants) instituted accident claim case (Suit No.534/2010) on 12.10.2010 seeking compensation. The tribunal held inquiry and, by judgment dated 08.09.2015, returned finding that the accident and death had occurred due to negligent driving of bus.2. The tribunal awarded compensation in the total sum of ...


Sep 20 2017

Jawahar Lal Pandey vs.ram Murti

Court: Delhi

Decided on: Sep-20-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. h September, 2017 RC.REV. 7/2016 & CMs No.640/2016 (for stay), 40508/2016 (for modification of order dated 14th September, 2016), 32168/2017 (of respondent for vacation of stay) & 34641/2017 (u/S151CPC) JAWAHAR LAL PANDEY ........ Petitioner Through: Mr. Dinesh Kumar Gupta and Mr. Vidit Gupta, Advs. with petitioner-in- person. ..... Respondent RAM MURTI Versus Through: Mr. O.P. Aggarwal, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 29th October, 2015 in E No.48/2015 (UID No.02402C0175822015) of the Court of Additional Rent Controller (ARC), Shahdara, Karkardooma Courts, Delhi]. of dismissal of the application filed by the petitioner for leave to defend the petition for eviction under Section 14(1)(e) of the Act filed by the respondent and the consequent order of eviction of the petitioner from one...


Sep 20 2017

Hindustan Engineering & Industries vs.adarsh Cement Products P. Ltd.

Court: Delhi

Decided on: Sep-20-2017

$~R-41 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and Order:20. h September 2017. RFA1052007 HINDUSTAN ENGINEERING & INDUSTRIES Through: Mr. Amit P. Deshpandey, Advocate ..... Appellant versus ADARSH CEMENT PRODUCTS P. LTD. Through: None. CORAM: HON'BLE MR. JUSTICE P.S.TEJI ORDER2009.2017 ..... Respondent % P.S. TEJI, J.(ORAL) Aggrieved by the judgment and decree dated 25TH August1) 2006, passed by the learned Additional District Judge, vide which the suit of the appellant has preferred the instant appeal. the plaintiff/appellant was dismissed, At the outset, counsel for the appellant has submitted that vide2) order dated 4th February 2004 the following issues were framed by the learned trial court: 1. Whether the plaintiff is the proprietor of M/s. General Engineering Works?. OPP2 Whether the plaint is signed and verified and the R.F.A. No.105/2007 Page 1 of 3 suit is instituted by duly authorised person?. OPP3 Whether the defendant maintained a mutual open and curren...


Sep 20 2017

Reliance General Insurance Co. Ltd. Vs.mahesh Singh Solal @ Kailash Ch ...

Court: Delhi

Decided on: Sep-20-2017

$~R-235 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 530/2010 Decided on:20. h September, 2017 RELIANCE GENERAL INSURANCE CO. LTD. ... Appellant Through: Mr. Arun Yadav, Advocate versus MAHESH SINGH SOLAL @ KAILASH CHAND & ORS ....... RESPONDENTS Through: None CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent suffered injuries in a motor vehicular accident that occurred on 22.06.2007 due to the negligent driving of the motor vehicle described as Tempo Tata 407 bearing registration no.DL-1LE-1735 admittedly insured against third party risk with the appellant insurance company for the period in question. The injuries resulted in amputation of left lower limb above knee, the consequent disability having been found by a board of doctors issuing disability certificate (Ex. PW1/3) to be 80%.2. On the basis of evidence led, the Motor Accident Claims Tribunal (Tribunal), by judgment dated 26.05.2010, concluded that the functional disability was 100%. It award...


Sep 20 2017

Narender Singh vs.national Insurance Co Ltd

Court: Delhi

Decided on: Sep-20-2017

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 345/2016 Decided on:20. h September, 2017 NARENDER SINGH ..... Appellant Through: Mr. Syed Hasan Isfahani, Adv. Versus NATIONAL INSURANCE CO LTD ..... Respondent Through: Mr. Arihant Jain for Ms. Shantha Devi Raman, Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the accident claim case (suit No.682/2008) instituted by one Asha Rani seeking compensation under Section 166 of Motor Vehicles Act, 1988 on account of injuries statedly suffered by her husband Lal Chand, they proving fatal due to motor vehicular accident that had occurred on 03.01.2007 at about 4:20PM involving negligent driving of Tata 407 bearing registration No.DL1C1460 the tribunal, by judgment dated 08.05.2009, made an award of compensation in the total sum of Rs. 74,360/- with interest directing the respondent insurance company to pay the same in the first instance, it concededly being the insurer against third party risk in MAC Appeal No.345/2016...


Sep 20 2017

Avinash Rastogi vs.sanjeev Sharma Through Legal Heirs

Court: Delhi

Decided on: Sep-20-2017

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) No.176/2017 Date of decision:20. h September, 2017 AVINASH RASTOGI ..... Appellant Through Mr. Prashant Mehta, Ms. Mrinmoi Chatterjee & Mr. Varun Dev Mishra, Advocates. versus SANJEEV SHARMA THROUGH LEGAL HEIRS ..... Respondent Through Mr. Deepak Sahni & Mr. Manish Dua, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA SANJIV KHANNA, J.(ORAL): This intra Court appeal under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 read with Section 104 and Order XLIII, Rule 2 of the Code of Civil Procedure 1908 (Code, for short) impugns the order dated 17th July, 2017 passed by the single Judge disposing of application for leave to defend IA No.25386/2015 in CS (OS) No.1205/2016, Sanjeev Sharma versus Avinash Rastogi.2. The aforesaid suit filed by the respondent-plaintiff under Order XXXVII of the Code for recovery of Rs. 3,30,00,00...


Sep 20 2017

M/S d.p. Agarwal Publications Pvt. Ltd. Vs.ashish Kumar Pandey

Court: Delhi

Decided on: Sep-20-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.377/2017 + % M/S D.P. AGARWAL PUBLICATIONS PVT. LTD. ..... Appellant Mr. Peeyoosh Kalra, Advocate with Ms. Sona Babbar, Advocate and Ms. Yashaswini Bindal, Advocate. 20th September, 2017 Through: versus ASHISH KUMAR PANDEY CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.34543/2017 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. FAO No.377/2017 and C.M. No.34542/2017 (stay) 2. By this first appeal filed under Order XLIII (1)(d) of the Code of Civil Procedure, 1908 (CPC), the appellant impugns the order of the trial court dated 1.9.2017 by which trial court has dismissed the application under Order IX Rule 13 CPC filed by the FAO No.377/2017 Page 1 of 6 appellant/defendant and has refused to set aside the ex-parte judgment and decree dated 29.7.2016 passed in favour of the respondent/plaintiff for a sum of Rs.19,90,652...


Sep 20 2017

State vs.sachin

Court: Delhi

Decided on: Sep-20-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Crl. L.P.556/2017 % STATE SACHIN Date of Decision:20. h September, 2017 ........ Petitioner Through Mr. Rajat Katyal, APP Versus Through None ..... Respondent CORAM: HON'BLE MR. JUSTICE G. S. SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR CHANDER SHEKHAR, J.(ORAL) CRL.M.A. 15771/2017(exemption) 1. Allowed, subject to all just exceptions. CRL.M.A. 15770/2017(delay) 2. For the reasons stated in the application, delay of 71 days in filing of the petition is condoned.3. The application stands disposed of. Crl. L.P.556/2017 4. The present leave to appeal has been filed by the State under Section 378(1) of the Code of Criminal Procedure, 1973 (Cr.PC) against the judgment dated 16.03.2017 by the Court of Additional Session Judge-01 & Crl.L.P.556/2017 Page 1 of 8 Special Judge Shahdara District, Karkardooma Courts, Delhi in SC No.224/16, titled State Vs. Sachin under Sections 376(2)/506 Indian Penal Code (IPC), 1860 and Section 4 of the POCSO Act, wh...


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